Properties along the New South Wales (NSW) coastline benefit from natural beauty and proximity to the ocean—but they are also vulnerable to erosion, rising sea levels, and extreme weather events. To manage these risks, councils may implement coastal protection works such as seawalls, sand nourishment, and dune stabilisation. Under the Local Government Act 1993 (NSW), councils are empowered to recover the cost of maintaining these works by levying annual charges on benefiting landowners.

This article explains what those charges mean, how they’re calculated, and what to look for in your planning certificate.

What Are Coastal Protection Services?

Coastal protection services refer to the construction, operation, maintenance, or management of infrastructure designed to protect land and property from coastal hazards such as:

• Coastal erosion
• Shoreline recession
• Tidal inundation
• Storm damage

These services can include physical structures (e.g. revetments, sea walls) and softer engineering solutions (e.g. dune management or vegetation planting).

What Are the Annual Charges?

Under Section 496B of the Local Government Act 1993, a council may impose an annual charge on landowners if:

• Their land benefits from existing coastal protection works, and
• The works are not carried out on public land for the general community’s benefit, but specifically to protect private land.

These charges are used to fund the ongoing maintenance and repair of the coastal protection works.

How Do These Charges Appear in a Planning Certificate?

In a Section 10.7 Planning Certificate, councils are required to disclose whether:

"An annual charge under section 496B of the Local Government Act 1993 for coastal protection services that relate to existing coastal protection works is payable for the land."

If the answer is YES, it means the property is subject to an annual levy. If NO, no such charge currently applies.

Why It Matters for Buyers and Developers

If you are buying or developing coastal property, these annual charges may:

• Add to your ongoing ownership costs
• Indicate the presence of physical structures that could affect views, access, or use
• Reflect the land’s exposure to coastal hazards
• Raise questions about future repair responsibilities or special levies for coastal work upgrades

It’s important to factor in these costs when assessing the viability or long-term holding value of the property.

Disclaimers

Legal Disclaimer: This content is intended to provide a general overview of the relevant legislation and should not be relied upon as legal advice. Property and planning laws are subject to change and may vary depending on specific site conditions and council policies. For advice tailored to your circumstances, please consult a qualified legal or planning professional.

General Disclaimer: This article is provided for general informational purposes only and does not constitute legal, planning, or environmental advice. While every effort has been made to ensure accuracy, the information may not reflect the most recent changes in law or policy. You should seek advice from a qualified professional or relevant authority before making any property-related decisions.